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Thread: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judgment

  1. #1
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    Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judgment

    Jack Weinzierl sent e-mails and made posts on Scam threatening to sue me declaring there will be accountability. Tim Darnell filed the frivolous suit in Dallas District Court and Judge Carl Ginsberg laughed him out of the courtroom with a take nothing Summary Judgment.

    2009-03-17-Order Granting Dobrott Summary Judgment.pdf

    2008-02-24-Dobrott's Motion for Summary Judgment.pdf

    2009-04-08-Dobrott Motion for Sanctions.pdf

    Soapboxmom
    Last edited by Soapboxmom; 09-17-2011 at 01:29 PM.
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    From: jack@advantageconferences.com
    To: soapboxmom@hotmail.com
    Subject: Heather, you leave us no option
    Date: Mon, 29 Oct 2007 18:08:49 -0500

    Message
    Heather, you leave us no option. I trust that you are prepared to face the consequences for your continued actionable statements and actions.



    In Service,

    Jack
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

    Love some Bunny! I do!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    From: jack@advantageconferences.com
    To: soapboxmom@hotmail.com
    Subject: Heather, our church leadership
    Date: Tue, 30 Oct 2007 15:59:54 -0500

    Message
    Heather, I want to thank you for sharing your hate-filled and incorrect email with our church leadership. A request just got posted for collective prayer for you. Forgiveness is a wonderful thing whether it is asked for or not, and so is accountability for your actions. You will be held accountable.



    In Service,

    Jack
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

    Love some Bunny! I do!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    From: acscammed@mail.com
    To: soapboxmom@hotmail.com
    Date: Thu, 1 Nov 2007 01:41:25 -0500




    My love to each of you this morning! We are full-steam ahead and anticipate an excellent, exciting conference weekend after next!



    See: Titus I:15 “To the pure, all things are pure, but to those who are corrupted and do not believe, nothing is pure. In fact, both their minds and consciences are corrupted. 16 They claim to know God, but by their actions they deny Him. They are detestable, disobedient and unfit for doing anything good.”



    With business, we have wonderful times of fulfillment, fellowship, and reward. We also have times where we have to deal with unsavory situations and even ‘dark’ characters. This communication is for internal use (Advantage Conferences Reps) only. You have a non-disclosure responsibility regarding all postings from corporate to the field. Please read the following carefully.



    Many of you are aware that we have faced opposition from loosely organized attackers, people vehemently opposed to our concept and growth – determined to do everything possible to undermine every aspect of our ministry and business. They have anonymously demonized, mischaracterized, and found fault with virtually every single announcement, initiative, and direction we’ve taken, and through a barrage of communications, have been effective in thwarting our efforts to some extent. However, that situation has taken on an interesting and significant development this week.



    We are pleased to announce that the identity of one of the most vocal ‘belligerents’ to AC has been uncovered. Operating anonymously, an outspoken individual who has called herself, Soapboxmom, has organized an ongoing, destructive assault on the AC business. She has also assassinated the personas and character of myself and several AC leaders and our families for over two years now with inflammatory, disgusting, always completely negative blogs, messages, and phone calls. She has been identified as a Heather Dobrott from Garland, Texas. This, to say the least, ‘misguided’ woman has been quite vigorous in her attacks, and while I don’t mind disagreement regarding our being a Christ-centered company, how we market, or the validity of our concept, products, opportunity, and compensation structure, etc., her efforts have far exceeded the boundaries of civil discourse. Her opposition has now crossed the line, turning to legal, actionable events.



    Here is where you come in. Several Representatives and Mindset Mentors (guest speakers) have been contacted by her. If you have had any contact with this person, you are obligated to provide a complete, comprehensive, and detailed report regarding any aspect of “soapboxmom” contact and/or communication in writing. You will need to send those via e-mail to office@AdvantageConferences.com. Please include dates and the nature and content of her communication(s) with you. While we regret the inconvenience, we are thankful for the opportunity to put a stop to the incessant and vitriolic poison that this woman has spewed over the last two years.



    While I have, personally, for the most part, ignored most of her efforts, which have actually included her literal stalking of our homes, my attendance at recreational events, and our public conference events, the time has come to deal decisively with this self-appointed enemy to our company and cause.



    Again, I apologize for having to even bring this up, but we can’t ignore these ridiculous assaults any longer. IMPORTANT: your participation is not optional. You are obligated to issue a full report regarding any past, present or future dealings with “soapboxmom” via e-mail, phone, personal meetings, or any type of communication – in detail. I am also compelled to state that withholding, or not fully complying with this request – not reporting any information of this sort could indicate complicity on your part and create further problems for you personally. Even if your involvement has simply been to look up postings on one of the negative blogs, you must report what, when, where, and the effect the postings had on you personally and/or on your Candidates.



    Forwarding any internal AC communications to other non-AC parties, other than the Messenger, Company approved public broadcasts, or a generic “ministry oriented” communiqué is strictly prohibited. While this should be understood without an announcement to that effect, forwarding, disclosing, or sending messages that are private to our company, staff, or Representative team is a serious violation of corporate trust and unfortunately could require action against any Representatives who have been engaged in such activity.



    On the positive side – let’s make MMC, Number Six, the very best event possible! I am highly encouraged and excited, and I look forward to seeing each of you there. I’ve got a special hug just for you!



    Blessings,
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

    Love some Bunny! I do!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    That is the hearing where Timmy's temporary psychotic injunction was dissolved.
    CAUSE NO. 08-06317

    TIM DARNELL

    IN THE DISTRICT COURT

    Plaintiff,

    DALLAS COUNTY, TEXAS
    v.

    HEATHER DOBROTT

    Defendant.

    193 rd.JUDICIAL DISTRICT

    TEMPORARY RESTRAINING ORDER

    On this 9 day of June, Plaintiff Tim Darnell, having presented

    to the Court Plaintiff’ Application for Injunctive Relief

    (the "Application") as set forth in Plaintiff s Original Petition

    and Application for Injunctive Relief (the "Petition") filed with

    the Court in the above-referenced action, and the Court,

    having considered the facts set forth in the Application, and

    the applicable law, finds that a Temporary Restraining Order

    should be granted against Defendant Heather Dobrott in order

    to prevent immediate and irreparable harm, injury, loss, or

    damage to Plaintiff, as set forth in the Petition and Application.

    The Court finds that without the issuance of an injunction or

    restraining order, Plaintiff will be irreparably harmed by, among

    other things, the fact that (1) he will have no means of

    preventing future disparaging remarks from Defendant or the

    current comments that are ongoing torts; (2) he will be

    unable to discourage Defendant from bragging about

    committing torts against Plaintiff on the internet and

    encouraging others to commit torts; (3) he will be unable to

    understand the number of defamatory acts (and to whom

    they are communicated to) and will lose an incalculable and

    unknown amount of business; (4) he may have to suffer from

    further harms to his reputation and cancel an upcoming

    conference; (5) he will be unable to ever know the

    extent of loss of their reputation or which clients were

    affected by this and will be unable to calculate the losses and

    be awarded sufficient monetary damages; and (6) he will be

    unable to prevent future invasions of his and his family's

    privacy and confrontations involving Defendant discussing

    Plaintiff to third parties.

    The Court, having found that Plaintiff has demonstrated the

    likelihood of success on the merits of their claims and a

    balancing of the equities favoring the issuance of a

    Temporary Restraining Order and Temporary

    Injunction against Defendant to prevent immediate and

    irreparable harm or damage to Plaintiff, orders as follows:

    IT IS ORDERED, for a period not to exceed fourteen (14) days

    after the signing of this Temporary Restraining Order,

    Heather Dobrott, including her parents, subsidiaries, affiliates,

    officers, agents, directors, servants, employees, attorneys,

    and all those persons in active concert or participation with

    Defendant, are hereby restrained and/or ordered to perform

    as follows:

    A. Restrained from any action relating to Plaintiff that

    constitutes defamation, invasion of privacy or any other

    torts.

    B. Restrained from coming within one thousand feet of

    Plaintiff's home, business, or locations of meetings that are

    not held open to the general public.

    C. Restrained from making any communications that result in

    either Defendant or the third party making statements as to

    Plaintiff's mental health, finances, family, honesty, and

    intelligence and restrained from encouraging third parties to

    commit torts against Plaintiff.

    D. Restrained from making any communications (whether

    orally, via facsimile, via telephone, written, on the internet, or

    emails) relating to Plaintiff, Plaintiff's attorneys, and Plaintiff's

    family), excluding all communications to or from her attorney

    or any communications with the police that Defendant feels is

    necessary.

    E. Restrained from discussing this litigation with third parties

    other than her attorney.

    F. Ordered to not dispose of any evidence or records relating

    to this case, including information identifying the address,

    name, and phone numbers of the individuals that she has

    made communications to regarding Plaintiff or his business.

    G. Restrained from discussing plans with third parties to visit

    Plaintiff or confront Plaintiff's Church, friends, family, pastor,

    daughter's high school, or other locations related to Plaintiffs

    life in Allen.

    H. Restrained from visiting Plaintiffs home, Plaintiffs Church,

    friends, family, pastor, daughter's high school, or other

    locations related to Plaintiffs life in Allen.

    1. Restrained from hiding out or spying upon Plaintiff from a distance.

    J. Restrained from contacting Plaintiffs business under a

    pseudonym or discussing Plaintiff or his business with third

    parties using a pseudonym.

    K. Restrained from contacting third parties and suggesting

    that it is appropriate for anyone, including herself, to contact

    anyone at Plaintiff s daughter's school regarding Plaintiff.

    1. Restrained from discussing how she humiliated Plaintiffs

    family at Allen High School.

    IT IS FURTHER ORDERED, that Plaintiffs shall execute and file

    a bond to the Defendant with the Clerk of the Court in the

    amount of $ 100.00_ as security before issuance of the

    Temporary Restraining Order.

    IT IS FURTHER ORDERED, that the Rayford Defendants shall

    appear before the Court in the Courtroom of the

    193 Judicial District Court of Dallas County, Texas, in the City

    of Dallas, Texas, at 3: 30 o' clock, p.m., on the 23 day

    of June, 2008, for a hearing on Plaintiffs Application for

    Temporary Injunction to reign effective until final decree

    thereof.

    SIGNED, this 9 day of June, 2008 at 3:00 o’clock, p.m.

    Judge Presiding

    JUDGE 192nd JUDICIAL DISTRICT COURT SITTING FOR JUDGE 193rd JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS The judge dissolved the order. Timmy got nothing, nada, zip----exactly zero of what he requested!


    Soapboxmom
    Attached Files Attached Files
    Last edited by Soapboxmom; 07-18-2011 at 11:16 PM.
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

    Love some Bunny! I do!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    CAUSE NO.

    TIM DARNELL

    Plaintiff,
    v.

    HEATHER DOBROTT

    Defendant.

    08-06317
    § § § § § § § § §

    IN THE DISTRICT COURT
    DALLAS COUNTY, TEXAS
    L-193rd JUDICIAL DISTRICT

    PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF

    COMES NOW, Tim Darnell ("Plaintiff' or "Darnell") and hereby

    files this, Plaintiffs Original Petition and Application for

    Injunctive Relief against Heather Dobrott and respectfully

    shows this Court as follows:

    I.

    Discovery Control Plan

    1. Discovery is to be conducted under a Level Two Discovery

    Control Plan, as provided by Rule 190.2 ofthe Texas Rules of

    Civil Procedure.

    II.

    Parties

    2. Tim Darnell is an individual residing at 1513 Homepark Drive,

    Allen, Texas 75002, in Collin County, Texas.

    3. Defendant Heather Dobrott is an individual residing in Dallas

    County, Texas. Ms. Dobrott may be served at her residence

    of Garland, Texas 75044.

    III.

    Venue and Jurisdiction

    proper in Dallas County, Texas because a substantial part of

    the events or omissions giving rise to the claim

    occurred in Dallas County, Texas.

    5. This Court has personal jurisdiction over all parties.

    6. This Court has subject matter jurisdiction. Plaintiff’s

    damages are in excess of the minimum jurisdictional

    requirements of this Court.

    IV.

    Factual Allegations

    A. Defendant has posted many defamatory comments

    regarding Plaintiff on the internet.

    7. Defendant Dobrott has had a history of posting comments

    regarding Plaintiff on the internet. Although Defendant

    Dobrott and Plaintiff have never met and Plaintiff never

    engaged in any commercial transactions with Defendant,

    Defendant appears to be obsessed with discussing Plaintiff

    with third parties or posting defamatory and untrue

    statements regarding Plaintiff on various websites.

    B. Defendant has escalated her defamatory comments to

    include individual solicitations of third parties and

    proactively trying to harm Plaintiff's economic and personal

    interests.

    8. Defendant Dobrott's obsession with Plaintiff has continued

    to escalate to new and dangerous levels. Defendant's

    obsession devolved to the point whereby she prepared an

    action plan involving many of Plaintiff's personal and business

    contacts and began calling them one after another to

    dissuade them from associating with Plaintiff and to persuade

    them to not honor prior speaking engagements that they had

    made with regards to Plaintiff's business. Defendant

    researched and either created or maintained data relating to

    many individuals who were going to fly into town and speak to

    many individuals for the benefit of Plaintiff's reputation and

    Plaintiff's business
    . Defendant contacted many of

    these individuals and convinced them that Plaintiff fit the

    description of the person that she described on her

    webpages. Many of these individuals were made

    uncomfortable and chose to no longer affiliate with Plaintiff

    or Defendant.

    C. Defendant has escalated her prior statements and actions

    with statements that she has intended to

    commit additional torts, which also involve Plaintiffs minor

    daughters at their school.

    9. Defendant's obsession with Plaintiff led Defendant to make

    many threats to Plaintiff and his family, including threats to

    confront Plaintiff's minor daughters at their schools and

    discuss openly with third parties any and all opinions that

    Defendant has of Plaintiff.

    10. Such communications are not privileged, are not

    appropriate for the time, place, and manner, and are likely to

    cause irreparable harm to the family relationship.

    D. Defendant's statements harm Plaintiff's reputation and

    because of the nature of the statements and

    webpostings, others are encouraged to also state defamatory

    comments and Plaintiff is unable to determine

    who heard these statements.

    11. The actions of Defendant caused Plaintiff to suffer

    damages. Plaintiff's name, when searched on the internet, is

    immediately affiliated with one of Defendant's po stings on

    several websites that contain false and misleading statements

    regarding him. Defendant's activities are such that they

    prevent Plaintiff from knowing when he was defamed, which

    individual was told defamatory things about him, and

    the extent of the untrue things that were stated. The nature

    of slander is such that once a person learns

    something terrible regarding a third party, they tend to either

    permanently lose confidence in that person or

    they disseminate the information to the next person within

    the information chain. Additionally, humans tend

    to gossip and defamation on a website encourages others to

    make defamatory comments. Since only

    Defendant knows the location, frequency, and extent of her

    postings, and since she knows that the internet

    provides a sort of anonymity for slanderers, Defendant's acts

    are such that she knows that she can harm

    Plaintiff without Plaintiff knowing that he has lost the

    confidence or trust of another person.

    Plaintiff will be unable to calculate the loss of the damages

    and without injunctive relief, Plaintiff will be afforded no

    adequate remedy at law.

    E. Defendant threatened on many occasions to confront

    additional people regarding Plaintiff and has carried out that

    threat, even at Plaintiff's minor daughters' school.

    The affidavit of Tim Darnell establishes that Defendant has

    bragged about going to Plaintiff s daughter's school and

    speaking to many individuals as to how bad she believes

    Plaintiff to be.

    v.

    Defamation

    12. Plaintiff incorporates herein the paragraphs above as if

    set out in full.

    13. The acts of Defendant give rise to a cause of action of

    defamation because:

    a. The Defendant published a statement.

    b. The statement referred to Plaintiff.

    c. The statement was defamatory.

    d. The statement was false.

    e. With regard to the truth of the statement, the Defendant

    was acting with malice; negligent; or liable without regard to

    fault; and

    The Plaintiff suffered pecuniary injury or injury is presumed.

    VI.

    C. The Defendant published the words with malice;

    d. The Defendant published the words without privilege; and

    e. The publication caused special damages.

    VII.

    Negligence

    16. Plaintiff incorporates herein the paragraphs above as if set out in full.

    17. The conduct of Defendant constitutes negligence because:

    a. Defendant owed a duty to Plaintiff;

    b. Defendant breached that duty;

    c. Defendant's breach of that duty proximately caused

    damages to Plaintiff; and These damages were foreseeable.

    VIII.

    Tortious Interference with an existing contract

    18. Plaintiff incorporates herein the paragraphs above as if

    set out in full.

    19. The conduct of Defendant constitutes tortious

    interference with an existing contract because:

    a. Plaintiff had valid contracts;

    b. The Defendant willfully and intentionally interfered with

    that contract;

    c. The interference was a proximate cause of Plaintiffs injury;

    and

    d. Plaintiff incurred actual damage or loss.

    IX.

    Tortious Interference with a Prospective Contract

    20. Plaintiff incorporates herein the paragraphs above as if

    set out in full.

    The conduct of Defendant constitutes tortuous interference

    with a prospective contact because:

    a. There was a reasonable probability that Plaintiff would

    have entered into a business relationship with a third person;

    b. The Defendant willfully and intentionally interfered with

    that relationship;

    c. The Defendant's conduct was independently tortious or

    unlawful;

    d. The interference was a proximate cause of Plaintiff's injury; and

    e. Plaintiff incurred actual damage or loss. x.

    Invasion of Privacy

    22. Plaintiff incorporates herein the paragraphs above as if

    set out in full. The conduct of Defendant gives rise to a

    cause of action of invasion of privacy, whereas the Defendant

    intentionally intruded on Plaintiff's solitude, seclusion, or

    private affairs; the intrusion would be highly

    offensive to a reasonable person; and the Plaintiff suffered an

    injury.

    XI.

    Attorneys' Fees

    23. Plaintiff incorporates herein the paragraphs above as if

    set out in full.

    24. As a result of the acts and omissions of Defendant,

    Plaintiff has engaged the undersigned counsel and

    have agreed to pay counsel's reasonable attorneys' fees and

    costs and expenses associated with advancing the claims in

    this lawsuit.

    25. Plaintiff seeks to recover its reasonable attorneys' fees

    and expenses against

    Defendants.

    XII.

    26. Plaintiff incorporates herein the paragraphs above as if

    set out in full.

    27. In support of this Application, Plaintiff refers to and

    incorporates by reference the affidavit of Tim Darnell.

    By reason of the acts and practices of Defendant, as more

    fully set forth hereinabove, Plaintiff is suffering

    and will continue to suffer, incalculable financial loss and

    irreparable injuries to himself, his family, and

    reputation for which there is no remedy at law.

    28. Pursuant to Texas Rules of Civil Procedure 680, Plaintiff is

    entitled to injunctive relief against Defendant Heather

    Dobrott. An imminent threat exists that Defendant will

    continue to disparage and defame Defendant and irreparably

    damage his reputation and continue to encourage third

    parties to commit torts by discussing her own. Plaintiff has no

    adequate remedy at law and irreparable harm will result to

    Plaintiff if Defendant is not restrained.

    29. Without an injunction issued by this Court, Plaintiff will be

    irreparably harmed by, among other things, the fact that (1)

    he will have no means of preventing future disparaging

    remarks from Defendant or the current comments that are

    ongoing torts; (2) he will be unable to discourage

    Defendant from bragging about committing torts against

    Plaintiff on the internet and encouraging others to

    do so; (3) he will be unable to understand the number of

    defamatory acts and will lose an incalculable and

    unknown amount of business; (4) he may have to suffer from

    further harms to his reputation and cancel an

    upcoming conference; (5) he will be unable to ever know the

    extent of loss of their reputation or which clients

    were affected by this and will be unable to calculate the

    losses and be awarded sufficient monetary

    damages; and (6) he will be unable to prevent future

    invasions of his and his family's privacy and

    confrontations involving Defendant discussing Plaintiff to third

    parties. These restrictions are designed to be

    the least invasive restrictions of Defendant's right to speak or

    travel.

    30. By virtue of the foregoing, Plaintiff has demonstrated the

    likelihood of success on the merits of their claims and a

    balancing of the equities favoring the issuance of a

    Temporary Restraining Order and Temporary Injunction

    against Defendant. Plaintiff respectfully prays that this Court

    issue a Temporary Restraining Order and that Heather

    Dobrott, her agents and attorneys any other person

    or entity acting in concert with or on behalf of Heather

    Dobrott, receive an order:

    A. Restraining Defendant from any action relating to Plaintiff

    that constitutes defamation, invasion of privacy or any other

    torts.

    B. Restraining Defendant from coming to Plaintiff s home,

    business, or locations of meetings that are not held open to

    the general public.

    C. Restraining Defendant from any gossiping that results in

    either Defendant or the third party making statements as to

    Plaintiffs mental health, finances, family, honesty, and

    intelligence.

    D. Restraining Defendant from making any communications

    (whether orally, via facsimile, via telephone, written, on the

    internet, or emails) relating to Plaintiff, Plaintiff s attorneys,

    and Plaintiffs family), excluding all communications to or from

    her attorney or any communications with the police that

    Defendant feels is necessary.

    E. Restraining Defendant from discussing this litigation with

    third parties other than her attorney.

    F. Ordering Defendant to not dispose of any evidence or

    records relating to this case, including information identifying

    the address, name, and phone numbers of the individuals that

    she has made communications to regarding Plaintiff or his

    business.

    G. Restraining Defendant from discussing plans with third

    parties to visit Plaintiff or confront Plaintiffs Church, friends,

    family, pastor, daughter's high school, or other locations

    related to Plaintiff’s life in Allen.

    H. Restraining Defendant from visiting Plaintiffs home.

    Plaintiff’s Church, friends, family, Pastor, daughter's high

    school, or other locations related to Plaintiff's life in Allen.

    1. Restraining Defendant from hiding out or spying upon

    Plaintiff from a distance.

    J. Restraining Defendant from contacting Plaintiff s business

    under a pseudonym or discussing Plaintiff or his business with

    third parties using a pseudonym.

    K. Restraining Defendant from contacting third parties and

    suggesting that it is appropriate for anyone, including herself,

    to contact anyone at Plaintiff's daughter's school regarding

    Plaintiff.

    L. Restraining Defendant from discussing how she humiliated

    Plaintiff's family at Allen High School.

    XIII.

    Conditions Precedent

    31. All conditions precedent to recovery for the release

    sought herein have been satisfied.

    XIV.

    Exemplary Damages

    32. Plaintiff incorporates all other facts of this petition. These

    facts demonstrate that Defendants acted with the culpable

    mental state to entitle Plaintiff to exemplary damages and

    Plaintiff prays for the same.

    WHEREFORE, Plaintiff Tim Darnell prays that Heather Dobrott

    be ordered to appear in these proceedings

    and thereafter Plaintiffs recover against Defendant as follows:

    injunctive relief as prayed for herein, damage

    in excess of the Court's minimum jurisdictional limits, including

    exemplary damages, statutory pre and post

    judgment interest allowed at the maximum legal rates;

    reasonable and necessary attorneys' fees; and for

    such other and further relief as the Court deems appropriate

    and necessary.


    Respectfully submitted,

    CIAROCHI AND ASSOCIATES, PLLC
    800 E. Campbell Rd. Ste. 121
    Richardson, TX 75081
    Telephone: 214-393-6861
    Facsimile: 214- 66-6297
    ATTORNEY FOR PLAINTIFF TIM DARNELL

    CERTIFICATE OF COMPLIANCE WITH LOCAL RULES

    I hereby certify that to the best of my knowledge Heather Dobrott is not represented by counsel in the matter made the basis of this suit.

    I certify that to the best of my knowledge, this case
    is not subject to transfer under Local Rule 1.06.

    Jason Charles Ciarochi
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    CAUSE NO. 08-06317

    TIM DARNELL

    IN THE DISTRICT COURT

    DALLAS COUNTY, TEXAS

    Plaintiff,

    § § § § § § § § §
    v.
    HEATHER DOBROTT

    Defendant.

    L-193 JUDICIAL DISTRICT

    AFFIDAVIT OF TIM DARNELL

    STATE OF TEXAS §
    §
    COUNTY OF DALLAS §

    Before me, the undersigned authority, duly appeared Tim

    Darnell, who being first by me duly sworn, did depose and

    state as follows:

    1. "My name is Tim Darnell. I am over the age of eighteen (

    18) years old and suffer from no legal or mental disabilities. I

    have never been convicted of a felony or a crime

    involving moral turpitude, and am competent to testify as to

    the matters set forth in this affidavit. I have personal

    knowledge of the facts stated in this affidavit and Plaintiff's

    Original Petition and they are true, personally known to me,

    and correct.

    2. "I was forced to file this lawsuit to the stop actions of

    Heather Dobrott because they are escalating into worse and

    worse situations. In short, I am asking this Court to

    enter an order preventing Ms. Dobrott from contacting me or

    my family, to cease having discussions on the internet of

    meeting my minor daughters at their schools and when I

    cannot watch them, to remove all of the prior discussions of

    me, my family, and my business from the internet, to cease

    encouraging third parties to have devious thoughts of

    illicit activities directed towards me and my family, and to

    cease publishing statements regarding me or my family that

    are untrue. Ultimately, I want this court to determine that the

    facts and evidence necessitate a ruling that Ms. Dobrott must

    stay out of my and my family's affairs and move on to her life

    and not be allowed to discuss me to third parties at all.

    Whatever rights she may have had to be critical of me have

    long since expired at some point after she continuously posts

    information suggesting that 1 am dishonest, a bad family

    member, a horrible person, insane, and unintelligent. At a

    certain point, continuing insults and defamatory statements,

    especially when followed by public confrontations with third

    parties, has to be stopped before it escalates any worse.

    Otherwise, the law will not protect individuals from continuous

    interference. Even the rights of dissenting opinions have to be

    limited when those speaking demonstrate a pattern and

    practice of vicious, untrue, and defamatory statements,

    especially when these discussions encourage others to take

    action and the speaker themselves takes inappropriate

    actions.

    3. "1 have never met Defendant face to face. I could not

    identify her in a room with twenty people. As far as 1 am

    aware, I have never attempted to sell goods or services to

    Defendant and I do not know what made her start obsessing

    about me. I have never been in a contract or prospective

    contract with Defendant and she is not known to be at my

    church or to live by my. Regardless, from the data on the

    internet, it appears that since September of2005 (33 months

    ago) Dobrott has evidently authored more than 1900 web

    postings related to me (the current court, as seen the

    postings themselves is 1966), which come out to

    approximately two entries for every day since then! Because

    the 75 pages of threads are so long and voluminous,

    especially when printed out, I did not hand count these

    entries and I assume that she has not identified other targets

    that she posts on daily in this total figure. This Court

    represents the only forum that I have to find some way to

    prevent Dobrott from continuing to obsess about my life and

    encouraging others to do so.
    .
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    4. "Although I am apparently a daily point of discussion for

    Defendant, I have not posted responses to her numerous

    messages relating to me on the websites that she uses to

    defame me. I do not want to encourage her activities.

    However, she still writes on the internet as if we have an

    ongoing dialogue and as if! have recently spoken to her

    directly. 5. "Defendant has discussed me with respect of

    almost all of the traditional means of slandering someone,

    referring to mental illness, dishonesty, a lack of intelligence,

    financial problems, and family problems. In case it is not clear,

    I do not believe that it is true that I suffer from an illness or

    disease, I am fairly honest and fairly intelligent, and my family

    and I are getting along. I do not think that she has a right to

    discuss these topics and she should not be allowed to discuss

    the topics as some sort of means of legitimatizing whatever

    other opinions she has about me or my business. Because

    there are almost 2000 web po stings related to Defendant,

    who goes by the pseudonym "Soapboxmom," I have

    attempted to identify a few of these instances for ease of

    reference and understanding.

    A. False references to mental illness

    6. I have been described as "the king of mentally ill martyrs"

    as well as "sick and dangerous .. .insane and delusional." See

    Exhibit A, a true and correct copy of a web posting by

    Defendant. Defendant has compared my personality to

    Charles Mansion, a known murderer and sociopath. See Exhibit

    B, a true and correct copy of a web posting by Defendant.

    B. False references to my character and truthfulness

    7. Defendant has frequently referred to me as a liar,

    dishonest dirtbag, and the king of spin on the internet. See

    Exhibit C, E, and F, true and correct copies of web po stings

    by Defendant. Defendant sees fit to tell third parties that I

    am "Satan on earth." See Exhibit C. Defendant has attributed

    statements to me that I have not made, such as suggesting

    that I have promised $ 100,000 to $ 1,000,000 to the

    individuals who join my business; I have never made such

    statements. See Exhibit K, a true and correct copy of a web

    posting by Defendant. Defendant has accused me of a crime -

    of collecting and personally keeping money that is to be used

    to benefit others; I have not kept the money that we

    earmarked for the poor or other causes. See Exhibit L, a true

    and correct copy of a web posting by Defendant.

    C. False references to my intelligence

    8. Defendant has said that I do not have the intelligence of a

    head of cabbage. See Exhibit H, a true and correct copy of a

    web posting by Defendant. D. False references to my finances

    9. Defendant has falsely portrayed me as someone who held

    one third of the shares of a company in bankruptcy, which is

    not true. See Exhibit G, a true and correct copy of a web

    posting by Defendant. Defendant has falsely portrayed, on

    more than one occasion that I do not pay my bills and

    suggested that I did not pay for a hotel bill that I paid for.

    See Exhibit J, a true and correct copy of a web posting by

    Defendant.

    E. False references to my family

    lOa. Defendant has inferred that I have a spouse who thinks

    that I am stupid and inept.

    See Exhibit D, a true and correct copy of a web posting by

    Defendant.

    lOb. I am asking the court for relief because Defendant's

    conduct has escalated beyond the daily internet insults.

    Defendant has acted on her statements, including

    using false names to contact individuals I know and tell them

    untrue and bad things about me.

    11. "Defendant has taken it upon herself to contact third

    parties regarding me under a false name; Defendant has

    admitted to contacting my business affiliates, churches, and

    advertisers under the pseudonym Elizabeth. See Exhibit B, a

    true and correct copy of a web posting by Defendant.

    12a. "Prior to the last business conference, Defendant took it

    upon herself to obtain a list of individuals who may attend or

    speak at my conference. She then contacted these

    individuals and told them not to affiliate with me. Defendant

    acted with the purpose of trying to dissuade speakers to not

    come to conventions. Defendant even posted on the internet,

    during the time of the conference, that her goal was to "stop

    this conference." See Exhibit I, a true and correct copy of a

    web posting by Defendant. Several of these individuals were

    made uncomfortable and some chose to not speak to me after

    her call. She actually dissuaded some speakers, who had

    agreements to come and speak, to not come because of her.

    Sometimes, when individuals are difficult to deal with, people

    just choose to avoid the unpleasant situation entirely.
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    12b. It is disturbing that Defendant does appear to have the

    characteristics of a "stalker;" Without identifying herself,

    Defendant evidently physically appeared at one of the

    conferences and even put photographs of it up on the net.

    We did not know that Defendant came out to see us at the

    conference. We did not learn of it until afterwards, when

    pictures appeared on the internet and she later acknowledged

    that she was there.

    13a. "Defendant has falsely accused me of stating that I

    received death threats from her specifically, which I have not

    stated, and seems to think that my wife, parents, pastors,

    and friends should be involved in her world because of her

    beliefs. See Exhibit M, a true and correct copy of a web

    posting by Defendant. Here, Defendant specifically discusses

    going to my daughter's school and my church and handing out

    packets that refer to me. During my lifetime, I have received

    death threats. I am not in the habit of discussing Defendant

    often and although she did call, bother, and threaten

    scheduled speakers who were planning on attending the

    conference, I did not state that she threatened lives over

    this.

    13b. However, Defendant has responded on message threads

    with the title of "When I found Jack Weinzerl, I will kill him

    myself." Defendant does not oppose violent messages

    directed towards me or towards others that have interactions

    with my business, including Jack Weinzieral. See Exhibit P, a

    true and correct copy of a web posting by Defendant.

    13c. On March 19,2008, Defendant has even stated on the

    internet that she will go to the school of my minor children

    and confront them with information regarding me. See Exhibit

    M, a true and correct copy of a web posting by Defendant. 13

    d. On March 19, 2008, Defendant has identified my wife and

    children by their first names and suggested that she has to

    contact them, apparently for the "safety of [Defendant's]

    family." See Exhibit M, a true and correct copy of a web

    posting by Defendant.

    14. "On April 23, 2008, Defendant said that she would go to

    Plaintiff's minor

    daughter's high school. See Exhibit 0, a true and correct copy

    of a web posting by Defendant at page 3.

    15. "On or about May 8, 2008, additional web dialogues

    continued regarding visiting my daughter's school; based on

    the discussion Defendant had to know of the

    social and gossip implications of approaching Allen High School

    with defamatory information regarding my and my family. See

    Exhibit P, true and correct copies of web postings by

    Defendants and others at page 10.

    On May 12, 2008, Defendant said that she actually went to

    the school of my minor daughters (Allen High School) and had

    a discussion with the "School Resource Officers," office

    personnel and the principal regarding me, with copies of

    current and former lawsuits and that she had hoped that it

    was enough "public humiliation" for me. See Exhibit N, a true

    and correct copy of a web posting by Defendant at page 15 of

    42.

    16. "On May 21, 2008, Defendant again references a "long

    afternoon at your [Plaintiff's] daughters' school" and states, "I

    would think that you would be horrified to humiliate your girls

    like that." See Exhibit N, a true and correct copy of a web

    posting by Defendant at page 36 of 42.

    17. "On May 24, 2008, Defendant again references fighting

    allegations of "stalking" and states that she feels she is

    forced to "continue fighting those allegations at the places of

    his children go." See Exhibit N, a true and correct copy of a

    web posting by Defendant at page 41 of 42.

    18. "Overall, the pattern of several hundred web postings,

    using false names, making at least two public appearances (at

    the business conference and that the high school), stating

    false and harmful things about me and my family, suggests

    that my family and 1 need a restraining order or injunction to

    get Defendant to stop attempting to interfere in my life.

    19. "I am not a licensed medical professional to offer a formal

    opinion on Defendant, but at some point, nearly daily focus

    and obsession upon someone that you were never

    really close to is just not a healthy practice. I have tried to

    ignore this issue for a long time, but I must get judicial

    information once personal visitations occur. I am very

    uncomfortable that Defendant feels that going to my

    daughter's school is normal or healthy. Whether she feels that

    she is in danger or whether she feels that she is media hero,

    she has already availed herself to authorities on many levels

    and they should be acting on her theories, not her.

    20. "Additionally, the above patterns of strange behavior,

    illicit behavior, and hate all demonstrate that she is using the

    web postings to encourage others to take extreme steps like

    she is. Allowing her po stings to stay and allowing her to

    continue to post her new intrusions into my life encourage

    third parties to violate the law as well. Defendant is

    attempting to use illegal activities as a way of legitimatizing

    all of her other opinions and issues and she should not be

    allowed to do so. She should not be allowed to harass my

    family at my daughter's school and she should not be allowed

    to suggest to third parties that it is normal, legal, and healthy

    when it is not.

    21. "Defendant does not own the website that she posts on

    scam. com. She does not get an economic benefit from

    posting these materials to receive advertising dollars or any

    other economic benefit from putting her statements on the

    website. Thus, any restraint on her ability to post on the site

    should not cost her any money during the TRO period.

    Application of facts towards the application for temporary

    restraining order and permanent injunction.

    22. "The above facts indicate that there is (l) a cause of

    action; (2) a probable right of relief; (3) imminent and

    irreparable injury and no adequate remedy at law; and (4) a

    willingness to post bond.
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    A. A cause of action and probable right of relief

    "With the above facts, I am likely to recover from Heather

    Dobrott for defamation, business disparagement, negligence,

    invasion of privacy, and tortious interference. B. Imminent

    and irreparable injury and no adequate remedy at law

    Without this Court's relief, I am going to continue to suffer

    injuries. Defendant has demonstrated that she is willing to

    defame me and invade my privacy on a daily basis. Without

    an order limiting Defendant's ability to discuss me with third

    parties, post information on the internet, have impromptu

    meetings at my daughter's school or encourage others to

    defame or harm me, Defendant will continue to harm me and

    my family's reputation, potentially resulting in a terrible

    situation. I am not even able to know how many individuals

    have read these web po stings and how many other

    individuals she will talk to. Defendant's activities are such

    that she is able to engage in a course of conduct whereby I

    will not be able to know how often defamatory information

    regarding me is communicated and I cannot know the

    recipient in order to help my reputation. Defendant's activities

    harm my reputation and make me unable to calculate and

    know the damages without an order enjoining the activities.

    Defendant needs to be restrained before she encourages any

    others to insult me on the internet, as they have in the past.

    C. Willingness to post bond

    23. "I am willing to post a bond to procure a temporary

    restraining order. The bond should be nominal, if any, whereas

    Defendant is not receiving any economic benefit from the web

    postings, spying on me, going to my daughter's school, and

    encouraging others to insult me.

    24. "I request that this court issue a temporary restraining

    order requiring the following:

    A. Restraining Defendant from any action relating to me that

    constitutes defamation, invasion of privacy or any other

    torts.

    B. Restraining Defendant from coming within one thousand

    feet of my home, church, business, or locations of meetings

    that I am attending that are not held open to the general

    public.

    C. Restraining Defendant from any communications that result

    in either Defendant or the third party making statements

    relating to me and health, mental health, finances, family,

    character, honesty, criminal allegations, business acumen, or

    intelligence.

    D. Restraining Defendant from making any communications

    (whether orally, via facsimile, via telephone, written, on the

    internet, or emails) relating to me, my attorneys, and my

    family, excluding all communications to or from her attorney or

    any communications with the police.

    E. Restraining Defendant from discussing this litigation with

    third parties other than her attorney.

    F. Ordering Defendant to not dispose of any evidence or

    records relating to this case, including information identifying

    the address, name, and phone numbers of the individuals that

    she has made communications to regarding me.

    G. Restraining Defendant from encouraging third parties to

    take actions that are illicit or harmful to Plaintiff, including

    discussing plans with third parties to visit me or confront my

    Church, friends, family, pastor, daughter's high school, or

    other locations related to my life in Allen.

    H. Restraining Defendant from contacting my business

    contacts, family members, Church members, friends, family,

    pastor, individuals located at daughters' or son's school, or

    other individuals connected to my life in Allen.

    1. Restraining Defendant from hiding out and spying upon me

    from a distance.

    J. Restraining Defendant from contacting my business under a

    pseudonym or discussing me or my business with third parties

    using a pseudonym.

    K. Restraining Defendant from contacting third parties and

    suggesting that it is appropriate for anyone, including herself,

    to contact anyone at my daughters' school

    regarding me.

    L. Restraining Defendant from discussing how she humiliated

    my family at Allen High School.

    25. "Without a restraining order and permanent injunction, I

    will be unable to calculate my damages. At the permanent

    injunction hearing, I will request that the Court

    issue an order requiring Defendant to make applications for

    delistings and removal all internet references to me, my

    family, and my business.

    "FURTHER AFFIANT SAYETH NOT."

    Tim Darnell

    ACKNOWLEDGMENT
    STATE OF
    COUNTY OF DALLAS
    § §

    This instrument was acknowledged before me on June 6, 2008 by Tim Darnell.

    CLAUDIA SANCHEZ
    Notary Public, State of Texas
    __________________________________________________ __________________________________________________ _________________________________________
    Tim Darnell lost in Summary Judgment. He was too chicken to show up for the hearing. He never turned over any discovery whatsoever. He never identified a single false statement of fact by me that he could refute. He stiffed his attorney 20 grand and didn't pay the court reporter. He was proven to be a vicious liar. The death threats and stalking he swore responsiblity for he had to swear never happened later in the case as he had zero evidence of his delusional rantings. He and Jack Weinzierl published all those lies and went down in flames. I expect a full retraction and apology from both of them. I never stalked them or threatened them in any way.

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    The temporary injunction hearing exposed Tim Darnell for the liar he is and left him with no injunction and not one ounce of credibility either

    Transcript_of_Temporary_Injunction_Hearing[1].pdf


    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Forwarded Message:
    Subj:RE: Jack, Thank you
    Date:11/6/2007 3:57:59 P.M. Pacific Standard Time
    From:jack@advantageconferences.com
    To: Sent from the Internet (Details)


    Rep X, I did nothing to change anyone's position. What was clear and in writing when you started was a guarantee based on attending the main product, which was and is the MMC. You also received and participated in many mentoring calls and we have those recorded with your introductions as well as you sharing how blessed you were to be part of AC and how much you have grown. What is irresponsible are the acusations and hatred that you and Heather SoapBoxMom from Garland, TX, have leveled against this company. She has come out from the shadows after two+ years and will be accountable for her actions.

    I encourage you to focus on what is good and right. Unforgiveness will continue to stand in the way of your blessings. I pray for your hardened heart and for clarity for you, Rep X. I will continue to love and pray for those who persecute us.

    In Service,

    Jack

    Jack M. Weinzierl
    Advantage Conferences, LLC
    Christian Entrepreneur and Mentor
    http://OneOasis.com

    Learn more about Marketplace Ministry at: http://JackWeinzierl.com

    __________________________________________________ ________________________
    Boy did Jack and Tim go down in flames when suing me. Jack being the pansy he is did not show up for any of the proceedings. Tim Darnell said it perfectly in one of his many depositions when he opined that Advantage Conferences had good short term testimonials.

    I will never forgive Jack for defrauding hundreds of people. The tragic consequences of involvement in Advantage Conferences hit way too close to home. The only place I can visit my best friend is at the cemetary. I will continue to fight for what is right and do everything in my power to see no one else is harmed. There definitely will be accountability Jack Weinzierl.

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Amongst your saved documents, do you by chance happen to have any record of an apology from either of the lads ?

    Even a tiny "oops" perhaps ?
    The only thing necessary for the triumph of evil is for good men to do nothing

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Perhaps Jackie should consider undertaking some sort of 12 Step program in an effort to deal with his addiction/s

    A little bit of Step 8 would be good for the soul:

    8) Made a list of all persons we had harmed, and became willing to make amends*** to them all.
    AMENDS *** English

    Etymology

    From French amendes, plural of amende. Compare with amende.
    Pronunciation



    Noun

    amends (plural only)

    1. Compensation for a loss or injury; recompense; reparation. Amends were made for the damage and no charges were filed.
      • As to you, Mr. Carruthers, I think that you have done what you could to make amends for your share in an evil plot. — Doyle


    Usage notes

    Usually found as to make amends.
    Synonyms


    The only thing necessary for the triumph of evil is for good men to do nothing

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Quote Originally Posted by littleroundman View Post
    Amongst your saved documents, do you by chance happen to have any record of an apology from either of the lads ?

    Even a tiny "oops" perhaps ?
    Jack blathered something about helping those in his group in one of his long rants on Scam, but as the elderly rep that sued him was never offered a fair settlement, well....

    I archived Scam's three biggest AC threads through January 2009, so if it is in there it will go up. Those boys thought they were smart to remove everything. But, what they have published will live forever on the internet here. Isn't that nice?

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Boca Pol 'Fesses Up to Colbert - Page 1 - News - Broward/Palm Beach - Broward-Palm Beach New Times
    Jesus Saves
    Like everybody else in this country, Tailpipe wants to get rich. And like everybody else, he wants it to come fast and effortlessly. So the 'Pipe squirmed with anticipation when he found a card from a rep for Advantage Conferences (it was perched on a gas pump in West Palm Beach), promising that he could make "$7,000 Over & Over & Over Again." How could Tailpipe resist!

    The almost-clincher for the 'Pipe was the hint of divine protection the program offers. After receiving promotional materials from Mike Melvin, an Advantage Conferences emissary, the 'Pipe learned that it was a "Christ-centered business." This battered auto part wouldn't be dealing with just the hurly-burly of capitalist schemers but with an enterprise bathed in a warm, heavenly glow. All Tailpipe needed to do was ante up $10,059.90.

    Based in Allen, Texas, Advantage Conferences recruits "pro reps" across the country to sell its $10,000 product, a ticket to a two-day "Millionaire Mindset Conference." That's a golden ticket. With each one you sell, you get a $7,000 commission.

    You don't even have to buy the first ticket yourself, the company's promotional materials say; the only cost to participate and represent the company is a $59.95 "enrollment fee." Of course, you don't get the full $7,000 commission unless you cough up ten grand of your own money. But, hey, it's a breeze. There are already pro reps all over Florida, from Loxahatchee to Tampa to Boca Raton, who are so eager to add you to their ranks that they're leaving business cards in odd public places.

    "Nobody knows about this company," says Melvin, Tailpipe's own pro rep, who declined to answer questions about his income, saying that success depends entirely on personal effort and marketing skill. The company has grown from 220 people last November to 500 today, he says.

    "As it grows out, it's going to go faster," Melvin says.
    You betcha. The promotional materials talk about the "infinite width" and "infinite depth" of its potential to make money, guaranteeing that it is "legal" and "federally trademarked." The visual aid the company uses is a diagram of a pyramid.
    Wait a minute. This sounds familiar.

    The money really starts to roll in when the folks you recruit start to recruit some candidates of their own. Advantage Conferences is run by Tim Darnell, who writes on the company's website: "You get 100% of 70% of the two training sales of everyone who comes into your business, ad infinitum." Could this be a Jesus Christ-endorsed pyramid scheme?

    Darnell apparently learned the ropes of this kind of financing at Liberty League International (formerly called Big Ass Britches Holdings, LLC, according to Arizona corporation records), which sells conferences and a "multimedia personal development program" for huge fees.

    Darnell left Liberty League in 2003, got Jesus' backing, and started Advantage Conferences. In May of this year, Arizona's attorney general fined Liberty League $115,000 for "tricking" consumers. Though Liberty League suggests that associates who hawk its products will earn sizable commissions, the attorney general's office found that a "majority of participants did not earn enough to cover the amount they paid to buy the products sold to them."

    When the Dallas Better Business Bureau suggested last fall that Advantage Conferences might be a pyramid scheme, Darnell sued them for "defamation and business disparagement." A year later, the suit is still under way. The Florida attorney general's office hasn't received any complaints about Advantage, though if things proceed as such endeavors do, it may be only a matter of time. Consumer affairs experts say that, as would-be investors get wise to what's going on, pyramids inevitably collapse, with the pro reps at the bottom losing their own $10,000 investment.

    Become a Christian entrepreneur today — Tim Darnell and Mike Melvin will thank you. The 'Pipe said thanks, JC, but no thanks.
    __________________________________________________ ___________
    This article was an exhibit in Tim Darnell's deposition when the delusional fool sued me and lost. He should know my lead attorney was going to do only a short deposition to pin him down on the alleged false statements he was claiming that I had made (poor little Timmy couldn't come up with a single one.) At my request and with the support of the incredible 2nd attorney who did most of the work on the case, the senior attorney cheerfully agreed to do a thorough deposition covering as much history and detail with Darnell as possible in the six hours alloted.

    This article is incredible. Ol' Tailpipe mentions the soon the be lost suit with the Better Business Bureau. He explains the pyramid scheme pay plan with infinite width and depth and reminds consumers that all these pyramids collapse. Advantage Conferences was well in the red by May 2007. Darnell finally declared chapter 7 bankruptcy tens of thousands of dollars in debt later in December 2009 as he and scammer-in-chief Jack Weinzierl believed that would end the 2 year old lawsuit against them by an elderly rep rightly demanding a refund and damages.

    Th rest of the story is the cases against the BBB and me ended in Tim Darnell losing in Summary Judgment. They spent their elderly victim into oblivion and now her case is being fought right here in the court of public opinion. Tim Darnell can't be collected against as he is a pauper living off of his wife (a physical therapist making $70,000.00 a year working overtime to support Tim's golf habit) and facing a $97,265.17 tax lien. Jack Weinzierl is living off of his in-laws and wife's paltry reachers salary.

    Poor Mike and Laura Melvin are probably wishing to God they had never gotten tangled up with these fake Christian scammers.

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

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  18. #18
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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    About

    Husband to Cathy (25 years), father to Lindy (junior at Texas A&M), father to Hannah (freshman at Collin College),
    Cathy & Tim Darnell

    Father to Caleb (11 year old, 6th grade – acting, football and basketball).

    Follower of Jesus Christ…. believer in and proponent in Free Enterprise, Capitalism & Free Markets…politically conservative.

    Marketing Guru – “Dominate Your Market,” “Reputation Management Solution,” “Mobile Marketing.” Cutting Edge concepts highly effective for virtually any product, service, organization. Fully integrated marketing reach.

    Professionally – licensed Financial Professional and a specialist in retirement, investment, and money transfer strategies that minimize taxes and maximize safety and returns.

    Favorite pastime is golf and the goal is to get my handicap into single digits this year.
    My cell number is: 469.667.3444 If I don’t pick up immediately, I’ll call you back. Office: 1-888-832-7635.
    Blessings,
    Tim Darnell
    TimDarnellac@gmail.com
    __________________________________________________ __________________________________________________ ______________________________________
    Why on earth claim he knows anything about online reputation management, taxes and investments I can't imagine. Some Marketing guru I might add. From June 2003 until Jack joined Advantage Conferences in February 2005 he only had 13 reps (most of which were hangers on from the defunct All Star Entrepreneur.)

    Why bring the wife's and kids' names into all this. Who wants to have to explain that their father or husband is a tax protester nutbag with a 97 grand tax lien that sued the Dallas BBB and Soapboxmom and lost both in Summary Judgment? Very creepy!

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    http://www.realscam.com/f14/tim-darn...-769/#post9725

    The wife and kids have had their names plastered all over the net. His bragging about the home remodels just associates them with his bogus charity. Everyone at church will know he stole their church's name to set that publicity stunt up. Treasures for the Kingdom was just another nail in the Advantage Conferences coffin!

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Quote Originally Posted by Soapboxmom View Post
    The funniest testimony is off of the record. At the end of the deposition Tim Darnell plopped down 35 lbs / 5000 pages of Scam posts from me and hundreds of other posters. He is such a complete fool he thought that woud all go in the record and be considered by the judge. My attorneys insisted he provide factual statements made by me that he could prove were false. Well, almost 3 years later we are still waiting. Darnell is such a delusional fool that for months afterward he kept wheeling around those pages like a complete and utter fool. Even though he lost in Summary Judgment because his petition was a lie-filled psychotic rant and was completely groundless, he is still having fantasies of relitigating my truthful, scathing posts.

    The rest of the Scam posts that he removed will go back up as quickly as possible. He got no injunction in my case and the Collin County judge specifically said I didn't have to remove anything, but Weinzierl and Darnell being the dishonest dirtbags they are threatened or bribed George Dranichak to remove my truthful posts against the wishes of the judges to boot! Darnell said under oath that he had been paying his legal bills then totalling $18,000.00, but he wrote off $20,000.00 of personally generated fees owed to Jason Charles Ciarochi on Advantage Conferences bankruptcy. My attorney asked in jest if Darnell was paying Jason by the pound after picking up that 5000 page pile of Scam posts Darnell totes around. Jason didn't get pounds, dollars or even Monopoly money from Stiff 'Em Darnell!

    Someone please tell that buffoon it has been litigated and it is over!

    2009-03-17-Order Granting Dobrott Summary Judgment.pdf

    2008-02-24-Dobrott's Motion for Summary Judgment.pdf

    2009-04-08-Dobrott Motion for Sanctions.pdf

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    SoapBoxDad 07-06-2006 09:36 PM Re: Advantages Conferences / Tim Darnell

    Yes, SoapBoxMom and Wishyouknew, you should be very careful about that which you write, especially when it is knowingly false. Keep up with the evidence. You will not be able to hide behind, well I thought that was the truth, well I was just sharing my opinion acting as if I had a competency in this industry, blah, blah, blah.

    As for me, I have great peace as everything that I have written can be backed up and is truthful. Unlike those on this thread where they feel the end justifies their means, they will be accountable in more than one way. Good luck to you with that.

    AS for credibility, I have my MBA, have built mutliple million dollar businesses and we have attracted fellow millionaires, pastors, doctors, entrepreneurs, and people from various professions and stay at home Moms and Dads.

    I am proud of the folks that we attract into our business and I pray every day that the right people are attracted to AC and that the wrong people--you know who you are, stay away from Advantage Conferences. Life is too short to work with folks like you, WishYouKnew, Renloyx and Phinnly.

    Business is great and enjoying time with the family while it builds. Praise the Lord and there is no other business I would rather be building right now. Reading through this thread over the past week, I did not see one post even worth the time to respond to.

    It is a shame you folks cannot get paid by your inaccuracies or the size of your lies. Maybe you should try the Star or Enquirer.

    I do continue to pray for you.
    Your douchebaggery has caught up with you scammer. That case was filed by Tim Darnell obviously at your behest. That lie-filled rant of a petition was filled with talk of the many threats I had made. You sick bastards were never able to provide even a single false statment made by me. You lost in Summary Judgment as the case was nothing more than a frivolous, groundless harassment suit.

    Well, scammer Jack, there were around $60,000.00 in attorney fees and since Tim Darnell was a confirmed pauper my attorneys recommended I not put more good money after bad I intend to take the 60 grand right out of your scamming hind end! We can have it out right here assuming you have the guts and manhood to respond, Weinzierl!

    We know you can't back anything up you lying sack of manure. When the elderly rep sued you, you refused to turn over any discovery even though you had a protective order in place. Until one week before trial all you had produced was your 1099's. Well, who needed those??? You had been bragging of your earnings all the way along. At trial you got so flustered when I questioned you that you admitted you had withheld everything. You said you hadn't produced because I was posting. You had to hide everything! You are not transparent! You are not Christian! You are nothing but a low-life scammer and all the facts prove that conclusively!

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    http://www.realscam.com/f17/scam-thr...html#post10899

    Jack just keeps on threatening and trying to frighten his critics into silence.

    Soapboxmom
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg



    JASON CHARLES CIAROCHI
    Associate, Dallas
    Phone:(214) 954-4135
    Fax:(214) 953-1332
    jciarochi@lrmlaw.com
    Printer Friendly Version
    As a first year associate focusing on litigation, Jason Charles Ciarochi has personally conducted every aspect of the litigation process, building a depth of experience comparable to fifth-year associates at large law firms. Mr. Ciarochi has been the first chair at a four-day trial in federal court, handled a multi-media press conference, and represented clients before Civil Service Commissions and Texas Worker's Compensation administrative proceedings. He has represented clients in numerous hearings, mediations, depositions and oral arguments before the Texas Appellate Courts. Mr. Ciarochi has been fortunate enough to experience every stage of litigation from initial client conferences to filing suits, pre-trial discovery, and related motions, mandamus actions, settlement negotiations, dispositive motions, voir dire, trial, and on through post-trial matters.
    His most recent activities include:

    • Successful representation of union trustee who was wrongfully punished for insubordination by one of the State of Texas' four largest municipalities.

    EDUCATION
    Rice University (B.A. cum laude, 1996); University of Texas School of Law (J.D., 1999).
    AFFILIATIONS
    State Bar of Texas--admitted 1999; American Bar Association; Dallas Bar Association; U.S. District Court, Northern District of Texas.




    JASON CHARLES CIAROCHI
    Associate, Dallas
    Phone:(214) 954-4135
    Fax:(214) 953-1332
    jciarochi@lrmlaw.com
    Printer Friendly Version
    As a third year associate focusing on litigation, Jason Charles Ciarochi has personally conducted every aspect of the litigation process.
    Mr. Ciarochi has argued as the first chair at a four-day trial in federal court, cross examined an expert witnesses as the second chair in another seven figure trial, argued as the lead counsel in numerous dispositive hearings and motions, handled a multi-media press conference, and represented clients before Civil Service Commissions and Texas Worker's Compensation administrative proceedings.
    He has represented clients at Robinson-Daubert expert challenges, numerous hearings, mediations, depositions and oral arguments before the Texas Appellate Courts.
    Mr. Ciarochi has been fortunate enough to personally experience every stage of litigation, from initial client conferences to filing suits, pre-trial discovery, discovery-related motions, mandamus actions, settlement negotiations, dispositive motions, voir dire, trial, and on through post-trial matters, such as appeals, judgment collection, and asset protection.
    Although born in Corpus Christi, Texas and raised in Duncanville, Texas, Mr. Ciarochi’s international legal studies at University College London and his active Ambassadorship with the Duncanville-Monasterolo D’ Savigliano (Italy) Sister City program have kept him active beyond Texas’ borders. Mr. Ciarochi has been to more than 25 countries and has enjoyed representing clients from England, China, Germany, Italy, Switzerland, Mexico, Korea, and Singapore. Mr. Ciarochi is fluent in Spanish and is studying his Italian. Occasionally, his clients have required assistance with business transactions, corporate structuring, or venture capital financing.
    Before coming to Looper, Reed & McGraw, Mr. Ciarochi served as a briefing intern for the Honorable Tim Taft of the First District of the Texas Court of Appeals in Houston and as the briefing intern for Justice Nathan Hecht of the Supreme Court of Texas.
    His most recent activities include:


    • Obtaining mandamus relief from the Fifth District of the Court of Appeals of the State of Texas and expanding the relief and defenses afforded to parties who, in good faith, report suspected cases of abuse or neglect of children.
    • Successfully arguing before the First District of the Court of Appeals of the State of Texas and winning a Motion for Rehearing, which caused the withdrawal of a previously published decision and a new opinion favoring our client, the Appellees (published at 31 S.W.3d 788). The remaining Co-Appellees lost the appeal and the Supreme Court of Texas denied a petition for discretionary review on their appeal.
    • Reversing the plan administrator’s decision of one of the largest HMOs and reinstating vital benefits for a disabled child, whose medical benefits exceed $25,000 per year.
    • Successful representation of client who was wrongfully punished for insubordination by one of the State of Texas' four largest municipalities.
    • Represented clients in emergency proceedings where the opposing party unsuccessfully attempted to solicit the Court to issue temporary restraining orders in trade secret, employment contract, and participation agreement cases.
    • Successfully participated in a complex insurance matter where the arbitrator made a “take nothing” award, when the opposing party’s claims for damages, interests, and penalties exceeded one million dollars.
    • Prevented a finding of a “knowing” conduct in a seven figure bad faith/Texas Insurance Code violations jury trial.
    • Representation of foreign nationals in litigation involving Dallas commercial real estate with values significantly in excess of ten million dollars.
    • Winning a JNOV reversing a Dallas jury award of $1.7 million dollars and resulting in the rendering of a "take nothing" judgment in favor of one of his clients.
    • Successfully briefing and arguing a complex nunc pro tunc and verified motion to enable the appeal of a large six figure judgment, which was otherwise unappealable.

    EDUCATION
    Austrian School of Economics, Auburn University (1994); Rice University (B.A., cum laude, 1996); International Law Program, University College London (1998); University of Texas School of Law (J.D., 1999).
    AFFILIATIONS
    Editor, Texas Review of Law and Politics 1997-99; State Bar of Texas--admitted 1999; accepted for practice in the U.S. District Court for the Northern District of Texas; Member of the American Bar Association, Dallas Bar Association, and Texas Young Lawyers Association.

    This was Jason Charles Ciarochi before he met up with scammers Tim Darnell and Jack Weinzierl.
    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

    Dallas College Richland Campus Music Advising Derrick Logozzo / Melissa Logan / Not NASM Accredited / Out of State Tuition Nightmare!

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  24. #24
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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    Tim Darnell has been rumored to be the idiot that talked Ciarochi into striking out on his own and forming a solo law practice. Darnell and Weinzierl ruined this man professionally and personally as well. They got Ciarochi tangled up in the losing cases against the Dallas BBB and me. The case against me listed Tim Darnell personally as the Plaintiff, but Jack Weinzierl had been threatening that suit publicly for ages. The fees were discharged in the Advantage Conferences bankruptcy in December 2009. Ciarochi was stiffed at least 20 grand for that one. The scammers also got him tangled up in a suit filed against them by a rep. Ciarochi must have realized it was a sure loser and as once again he was not getting paid by Weinzierl and Darnell, he bailed. By that time his career as a litigator had been destroyed.

    So, Ciarochi might have been telling the divorce court judge the something close to the truth. He was much too ashamed to admit he had worked for those serial pyramid scammers for those many years where he claims no income and had been stiffed. The loss of his career due to his entanglement with Weinzierl and Darnell, who was not a pyramid expert as he claimed to Ciarochi, sent him on a downward spiral from which he could not recover. Him drinking heavily and doing drugs during the time Darnell and Weinzierl were using him for their own dishonest and dastardly legal adventures should be no surprise. Ciarochi is just one more of legions of victims whose lives have been totally destroyed by Weinzierl and Darnell.


    Register of Actions
    Case No. DC-03-02294
    ALL-STAR ENTREPRENEUR LLC vs. MATTHEWS PHILIPE §
    §
    §
    §
    §
    Case Type: INJUNCTION
    Date Filed: 03/14/2003
    Location: 44th District Court
    Lead Attorneys
    DEFENDANT MATTHEWS, PHILIPE CHRISTOPHER NIXON
    Retained
    214-575-5552(W)
    PLAINTIFF ALL-STAR ENTREPRENEUR LLC JASON CHARLES CIAROCHI
    Retained
    214-350-2424(W)
    PLAINTIFF COWLEY, CLAUDIA
    PLAINTIFF DARNELL, TIM
    PLAINTIFF GREEN, GLENN

    Case History
    Case Number 3660085203
    Date Filed: 03/21/2003
    Case Type: CV - OLD Other Civil Cases - District
    Status: Case is Closed
    Style: ALL-STAR ENTREPRENEUR Vs. CARL HUMPHREYS
    JudicialOfficer: White , Nathan in 366th District Court
    Parties
    Type Name DOB Address Attorney
    Defendant Humphreys, Carl Pro Se
    Plaintiff Allstar, Entrepreneur (Tim Darnell) Jason Charles Ciarochi
    Plaintiff Allstar, Entrepreneur Jason Charles Ciarochi
    Attached Images Attached Images
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    Re: Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judg

    From a law firm of 39 when Ciarochi was there in 2001-2002 it has grow into a very large and prestigious firm. Think how different his career and life would be if he had stayed and not let Tim Darnell lure him into his web of deceit and lies!
    Our People

    With more than 120 lawyers, Looper Reed & McGraw ranks among Texas' fastest growing law firms. Many of our lawyers have achieved national recognition in their disciplines. To find a lawyer, select information from any of the fields and click search. You can narrow your search by combining any of these fields or by using keywords.

    Anyone needing assistance please feel free to use this e-mail in addition to the PM system here to contact me: soapboxmom@hotmail.com

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